Tracy v. Raup

The Court of Common Pleas, after sustaining defendant-appellee’s motion for judgment on the pleadings, overruled plaintiff-appellant’s motions for a new trial and for separate findings of law and fact. Plaintiff appeals on questions of law from these rulings.

The motion for separate findings of law and fact was properly overruled. Such a motion is appropriate only when the questions of fact are tried by the court. Section 2315.22, Revised Code. This case not yet having reached the trial stage, such a motion is premature.

The subject of damages is not involved in this appeal. Omitting the…